Jan 18, 2011 06:18
13 yrs ago
8 viewers *
Spanish term

tendrán acción contra

Spanish to English Law/Patents Insurance
Las víctimas de un accidente de tránsito y sus beneficiarios *tendrán acción contra* la compañía de seguros, no siéndoles oponibles las excepciones que ésta pueda alegar contra el tomador del seguro que se basen en hechos o circunstancias imputables a este último.
Proposed translations (English)
5 +4 shall have a cause of action against
4 to sue/ to bring an action against
3 will have a claim against

Discussion

Bill Harrison (X) Jan 18, 2011:
Thanks Charles. I think legal translation is one area where precision trumps natural flow. The objective is to achieve the latter without sacrificing the former.
Charles Davis Jan 18, 2011:
But in the law... it's your job to be nit-picking! :) Seriously, though, in these matters precision is all. I quite see your point. I've left my answer so that those who wish to track these matters have the evidence before them.
Bill Harrison (X) Jan 18, 2011:
Charles... I didn't mean to be overly nit-picking. I simply saw your word 'claim' and I thought mmmm... what sort of claim does he mean. I think your answer would be perfectly acceptable though. After 40 years in the law one gets a bit anal about language and the meaning of words.
Charles Davis Jan 18, 2011:
I see... Thanks!
Bill Harrison (X) Jan 18, 2011:
Charles... The problem with putting claim in this context is that it is ambiguous. A claim could mean an 'insurance claim' which is not the same as a 'legal claim' or cause of action. Here they specifically say and mean a 'legal claim' and I think other words are required to make the distinction clear. An insurance claim would be a 'reclamacion' (with accent).
Charles Davis Jan 18, 2011:
Bill If I may, just out of interest, had they wished to say "have a claim" in Spanish, how would they have done so, and would it have made a difference? My first thought was exactly the same as Smartranslators': "right of action", but I concluded that "claim" was a much more common way of saying the same thing. Is it not the same thing?
Hola Yo diría: shall have the right of action against... Más o menos lo que ha puesto Bill.. Saludos
BDT (asker) Jan 18, 2011:
may bring action against?

Proposed translations

+4
4 hrs
Selected

shall have a cause of action against

This I think is the correct legal wording. They could have said claim in Spanish but for some reason did not do so.

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Note added at 3 hrs (2011-01-18 10:12:22 GMT)
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This is common in insurance policies. It simply means that the beneficiaries will have a course of action against the insurance company which cannot raise against the beneficiaries the defences which it may have against the policyholder as a result of matters attributable to the latter.

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Note added at 4 hrs (2011-01-18 10:20:10 GMT)
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An example would be when a bus company takes out insurance covering its passengers and fails to make a material disclosure, e.g. that one of its drivers has convictions for drink-driving. If there is an accident the passengers can sue the insurance company but the bus company would not be able to sue, e.g. for the damage to the bus.

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Note added at 4 hrs (2011-01-18 10:25:30 GMT)
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That should be 'cause' of action in my note.
Peer comment(s):

agree Margarita Ezquerra (Smart Translators, S.L.)
9 mins
Thank you, Madam.
agree Charles Davis
44 mins
Thanks Charles, I knew you were a gentleman!!!!!
agree jacana54 (X) : Muy interesante intercambio de ideas entre tú y Charles, gracias a ambos!
1 hr
Thanks Lucia.
agree Mónica Algazi
1 hr
Thanks Monica.
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4 KudoZ points awarded for this answer. Comment: "Thanks Bill!"
39 mins

to sue/ to bring an action against

bring an action against. To sue someone; to make a claim for damages in court. Example:He brought an action against the company for unfair dismissal. ...
www.bbc.co.uk/skillswise/.../index.shtml?
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1 hr

will have a claim against

I think this is what it amounts to. "Tener acción" presumably means to have the right to apply to a court to have one's right upheld, but I don't think it necessarily means taking legal action against. It means an enforceable claim.
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